Special Conditions
The following Special Conditions are options for the Court and have been reworded to match the AO’s
model language and removed from the Order of Conditions of Probation and Supervised Release, in
accordance with US v. Morin.
Substance Abuse Treatment:
The defendant shall participate in a substance abuse treatment program and follow the rules and
regulations of that program. The program may include testing and examination during and after program
completion to determine if the defendant has reverted to the use of drugs. The probation officer shall
supervise the participation in the program (provider, location, modality, duration, intensity, etc.). During
treatment, the defendant shall abstain from the use of alcohol and any and all intoxicants. The defendant
shall pay the costs of such treatment if financially able.
The defendant shall not use or possess any controlled substances without a valid prescription. If a valid
prescription exists, the defendant must disclose the prescription information to the probation officer and
follow the instructions on the prescription.
The defendant shall submit to substance abuse testing to determine if the defendant has used a prohibited
substance. The defendant shall not attempt to obstruct or tamper with the testing methods. The defendant
shall pay the costs of testing if financially able.
The defendant shall not use or possess alcohol.
The defendant shall not knowingly purchase, possess, distribute, administer, or otherwise use any
psychoactive substances (e.g., synthetic marijuana, bath salts, etc.) that impair a person’s physical or
mental functioning, whether or not intended for human consumption.
Mental Health Treatment:
The defendant shall participate in a mental health treatment program and follow the rules and regulations
of that program. The probation officer, in consultation with the treatment provider, shall supervise
participation in the program (provider, location, modality, duration, intensity, etc.). The defendant shall
pay the costs of such treatment if financially able.
The defendant shall take all mental health medications that are prescribed by the treating physician.
Financial Requirements and Restrictions:
The defendant shall provide the probation officer with access to any requested financial information and
authorize the release of any financial information. The probation office may share financial information
with the U.S. Attorney’s Office.
The defendant shall not incur new credit charges, or open additional lines of credit without the approval
of the probation officer.
If the judgment imposes a financial penalty, the defendant shall pay the financial penalty in accordance
with the Schedule of Payments sheet of this judgment. The defendant shall notify the court of any changes
in economic circumstances that might affect the ability to pay this financial penalty.
Employment Restrictions:
The defendant shall not work in any type of employment without the prior approval of the probation
officer.
Association and Contact Restrictions:
The defendant shall not have direct contact with any child the defendant knows or reasonably should
know to be under the age of 18, [including][not including] his/her own children, without the permission
of the probation officer. If the defendant has any direct contact with any child the defendant knows or
reasonably should know to be under the age of 18, [including][not including] his/her own children,
without the permission of the probation officer, the defendant must report this contact to the probation
officer within 24 hours. Direct contact includes written communication, in-person communication, or
physical contact. Direct contact does not include incidental contact during ordinary daily activities in
public places.
The defendant shall not communicate, or otherwise interact, with any known member of the _______
gang, without first obtaining the permission of the probation officer.
The defendant shall not communicate, or otherwise interact, with [name of victim], either directly or
through someone else, without first obtaining the permission of the probation officer.
Place Restrictions:
The defendant shall not knowingly enter [name of neighborhood, city, county, subdivision, park, or other
geographic entity with clearly defined boundary] without first obtaining the permission of the probation
officer.
The defendant shall not knowingly enter any [bar, tavern, etc.] without first obtaining the permission of
the probation officer.
The defendant shall not go to, or remain at any place where the defendant knows controlled substances
are illegally sold, used, distributed, or administered without first obtaining the permission of the probation
officer.
The defendant shall not go to, or remain at, any place where the defendant knows children under the age
of 18 are likely to be, including parks, schools, playgrounds, and childcare facilities.
The defendant shall not go to, or remain at, a place for the primary purpose of observing or contacting
children under the age of 18.
Supporting Dependents:
If the defendant is ordered by the government to make child support payments or to make payments to
support a person caring for a child, the defendant shall make the payments and comply with the other
terms of the order.
Gambling-Related Conditions:
The defendant shall participate in a gambling addiction treatment program and follow the rules and
regulations of that program. The probation officer will supervise the defendant’s participation in the
program (provider, location, modality, duration, intensity, etc.). The defendant shall pay for the costs of
the program if financially able.
The defendant shall not engage in any form of gambling including, but not limited to, lotteries, on-line
wagering, sports betting and must not enter any casino or other establishment where gambling is the
primary purpose.
Community Service:
The defendant shall complete ___ hours of community service within ___ months. The probation officer
will supervise the participation in the program by approving the program (agency, location, frequency of
participation, etc.). The defendant shall provide written verification of completed hours to the probation
officer.
Cognitive Behavioral Treatment:
The defendant shall participate in a cognitive-behavioral treatment program and follow the rules and
regulations of that program. The probation officer will supervise the defendant’s participation in the
program (provider, location, modality, duration, intensity, etc.). Such programs may include group
sessions led by a counselor or participation in a program administered by the probation office. The
defendant shall pay for the costs of the program if financially able.
Educational or Vocational Services:
The defendant shall participate in an educational services program and follow the rules and regulations of
that program. Such programs may include high school equivalency preparation, English as a Second
Language classes, and other classes designed to improve the defendant’s proficiency in skills such as
reading, writing, mathematics, or computer use. The defendant shall pay for the costs of the program if
financially able.
The defendant shall participate in a vocational services program and follow the rules and regulations of
that program. Such a program may include job readiness training and skills development training. The
defendant shall pay for the costs of the program if financially able.
Location Monitoring Technology:
The defendant shall participate in the Location Monitoring Program with Radio Frequency Monitoring
for a period of _____ days/months. The defendant shall abide by the rules and regulations of the
Participant Agreement Form. During this time, the defendant shall remain at the place of residence except
for employment and other activities approved in advance by the probation officer. The defendant shall
maintain a telephone at the place of residence without "caller ID,” "call forwarding,” “call waiting,” “call
back/call block,” a modem or a portable cordless telephone for the above period as instructed by the
probation officer. The defendant shall wear an electronic monitoring device and follow location
monitoring procedures specified by the probation officer. The defendant shall pay for the costs of the
program if financially able.
The defendant shall participate in the Location Monitoring Program for a term not to exceed _____
days/months, which will include remote location monitoring using Active Global Positioning Satellite
(GPS) tracking. The defendant shall abide by the rules and regulations of the Participant Agreement
Form. During this time, the defendant shall remain at the place of residence except for employment and
other activities approved in advance by your probation officer. The defendant shall maintain a telephone
at the place of residence without "caller ID,” "call forwarding,” “call waiting,” “call back/call block,” a
modem or a portable cordless telephone for the above period as instructed by the probation officer. At the
instruction of the probation officer, the defendant shall wear a transmitter and be required to carry a
tracking device. The defendant shall pay for the costs of the program if financially able.
The defendant shall participate in the Location Monitoring Program for a term not to exceed _____
days/months, which will include remote location monitoring using Passive Global Positioning Satellite
(GPS) tracking. The defendant shall abide by the rules and regulations of the Participant Agreement
Form. During this time, you will remain at the place of residence except for employment and other
activities approved in advance by your probation officer. The defendant shall maintain a telephone at the
place of residence without "caller ID,” "call forwarding,” “call waiting,” “call back/call block,” a modem
or a portable cordless telephone for the above period as instructed by the probation officer. At the
instruction of the probation officer, the defendant shall wear a transmitter and be required to carry a
tracking device. The defendant shall pay for the costs of the program if financially able.
The defendant shall participate in a program of testing for alcohol abuse, as instructed by the probation
officer, which shall include the use of a remote alcohol testing system for a period of ____ days/months.
The defendant shall abide by the rules and regulations of the Participant Agreement Form. The defendant
will maintain a telephone at the place of residence without "caller ID,” "call forwarding,” “call waiting,”
“call back/call block,” a modem or a portable cordless telephone for the above period as instructed by the
probation officer. The defendant shall abide by a curfew restriction schedule for alcohol testing as
instructed by the probation officer. The defendant shall pay for the costs of the program if financially
able.
The defendant shall participate in the Location Monitoring Program with Voice Recognition monitoring,
as instructed by the probation officer, which shall include the use of a remote voice verification system
for a period of ______ days/months. The defendant shall abide by the rules and regulations of the
Participant Agreement Form. The defendant shall maintain a telephone at the place of residence without
"caller ID,” "call forwarding,” “call waiting,” “call back/call block,” a modem or a portable cordless
telephone for the above period as instructed by the probation officer. The defendant shall abide by a
curfew restriction schedule for voice verification as instructed by the probation officer. The defendant
shall pay for the costs of the program if financially able.
Residential Reentry Center:
The defendant shall reside in a residential reentry center for a term of ______ days. The defendant shall
follow the rules and regulations of the center.
Intermittent Confinement:
The defendant shall serve a total of ______ days of intermittent confinement. The intermittent
confinement shall be served for ________ consecutive (weekends or days) at the _______ facility
beginning on (day), (date) at (time) and ending on (day), (date), no later than (time). The defendant shall
follow the rules and regulations of the facility.
Restrictions on Viewing Sexually Explicit Materials:
The defendant shall not view or possess any “visual depiction” (as defined in 18 U.S.C. § 2256),
including any photograph, film, video, picture, or computer or computer-generated image or picture,
whether made or produced by electronic, mechanical, or other means, of “sexually explicit conduct” (as
defined in 18 U.S.C. § 2256).
Sex Offense-Specific Assessment, Treatment, and Physiological Testing:
The defendant shall participate in a sex offense-specific treatment program and submit to periodic
polygraph testing at the discretion of the probation officer as a means to ensure compliance with the
requirements of supervision or the treatment program. The defendant shall follow the rules and
regulations of the program. The probation officer will supervise the defendant’s participation in the
program (provider, location, modality, duration, intensity, etc). The defendant shall pay the costs of the
program if financially able.
The defendant shall participate in a sex offense-specific assessment. The defendant shall pay the costs of
the program if financially able.
The defendant shall participate in plethysmograph testing as part of the required participation in a sex
offense-specific assessment and/or treatment.
The defendant shall participate in visual response testing as part of the required participation in a sex
offense-specific assessment and/or treatment.
Polygraph for Sex Offender Management:
The defendant shall submit to periodic polygraph testing at the instruction of the probation officer as a
means to ensure compliance with the requirements of supervision.
Computer and Internet Restrictions:
The defendant shall not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other
electronic communications or data storage devices or media.
The defendant shall not access the Internet.
The defendant shall not access the Internet except for reasons approved in advance by the probation
officer.
The defendant shall submit his/her computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic
communications or data storage devices or media, to a search. The defendant shall warn any other people
who use these computers or devices capable of accessing the Internet that the devices may be subject to
searches pursuant to this condition. A probation officer may conduct a search pursuant to this condition
only when reasonable suspicion exists that there is a violation of a condition of supervision and that the
computer or device contains evidence of this violation. Any search will be conducted at a reasonable time
and in a reasonable manner.
The defendant shall allow the probation officer to install computer monitoring software on any computer
(as defined in 18 U.S.C. § 1030(e)(1)) the defendant uses.
To ensure compliance with the computer monitoring condition, the defendant shall allow the probation
officer to conduct initial and periodic unannounced searches of any computers (as defined in 18 U.S.C. §
1030(e)(1)) subject to computer monitoring. These searches shall be conducted for the purposes of
determining whether the computer contains any prohibited data prior to installation of the monitoring
software; to determine whether the monitoring software is functioning effectively after its installation;
and to determine whether there have been attempts to circumvent the monitoring software after its
installation. The defendant shall warn any other people who use these computers that the computers may
be subject to searches pursuant to this condition.
Search:
The defendant shall submit his or her person, property, house, residence, vehicle, papers, computers (as
defined in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or
office, to a search conducted by a United States probation officer. Failure to submit to a search may be
grounds for revocation of release. The defendant shall warn any other occupants that the premises may be
subject to searches pursuant to this condition. The probation officer may conduct a search under this
condition only when reasonable suspicion exists that the defendant has violated a condition of supervision
and that the areas to be searched contain evidence of this violation. Any search shall be conducted at a
reasonable time and in a reasonable manner.
